Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
The Army tried 157 contested courts-martial charging Article 120 (sexual assault) from 2023 to 2026, and 149 of them list a defense counsel of record. The most experienced defense lawyer in those cases had a median of 8 prior cases in the data.
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Short answer: The Army tried 157 contested courts-martial charging Article 120 (sexual assault) from 2023 to 2026, and 149 of them list a defense counsel of record. The most experienced defense lawyer in those cases had a median of 8 prior cases in the data. The median confinement was 3 years, compared with 1.5 years across all contested Army cases, and 91% of convicted enlisted members received a punitive discharge, compared with 68%.
Sentences After an Article 120 Conviction
Every case on this page was contested, meaning the accused pleaded not guilty to at least one charge. Among convictions, the median confinement was 3 years. Across all contested Army cases in 2023–2026, the median was 1.5 years.
A punitive discharge followed 91% of enlisted convictions, compared with 68% in all contested Army cases. A punitive discharge is a bad-conduct discharge or a dishonorable discharge. All sentence figures are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal.
Experience as Used on This Page
A lawyer's experience is the number of courts-martial that lawyer had already handled as counsel of record in this data, on either side, in the Army, before the trial date. It is a count of appearances, not a measure of skill. Cases a lawyer tried before the records begin do not appear in it.
Most Article 120 cases list more than one defense lawyer, and the records do not show who led. Each case is placed by the defense counsel of record with the most prior cases. The page does not rate or rank any lawyer.
Prior Cases Among Defense Lawyers
The median prior-case count for the most experienced defense lawyer was 8. The 10 to 19 group held 54 cases (36%) and the 5 to 9 group held 52 (35%). The 1 to 4 group held 31 cases (21%).
At the ends of the range, 11 cases (7%) had a defense lawyer with 20 or more prior cases. In 1 case (1%), no defense counsel of record had a prior case in this data.
| Prior cases (most experienced defense counsel) | Cases | Share |
|---|---|---|
| No prior cases | 1 | 1% |
| 1 to 4 | 31 | 21% |
| 5 to 9 | 52 | 35% |
| 10 to 19 | 54 | 36% |
| 20 or more | 11 | 7% |
Full and Partial Acquittals by Experience Group
The verdict table covers the 149 contested cases that reached a verdict and list a defense counsel. A full acquittal means not guilty of every charge. A partial acquittal means not guilty of at least one charge or specification and guilty of another.
In the 5 to 9 group, 58% of the 52 cases ended in a full acquittal and 29% in a partial acquittal. The 10 to 19 group had 46% full acquittals and 44% partial acquittals across 54 cases. In the 1 to 4 group, the rates were 35% and 55% across 31 cases. In the 20 or more group, 64% of the 11 cases ended in a full acquittal and 36% in a partial acquittal.
The rows do not rise or fall in a steady pattern. The records do not show the evidence, plea offers, or who did the work, so these rows describe outcomes, not the effect of experience.
| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 1 | 0 of 1 | 1 of 1 |
| 1 to 4 | 31 | 35% | 55% |
| 5 to 9 | 52 | 58% | 29% |
| 10 to 19 | 54 | 46% | 44% |
| 20 or more | 11 | 64% | 36% |
Number of Defense Lawyers per Case
Of the 149 cases with a defense counsel listed, 108 listed 2 defense counsel of record. Another 31 listed 1, and 10 listed 3 or more.
Defense Experience Compared With the Prosecution
In 148 cases, lawyers are listed on both sides. When the most experienced lawyer on each side is compared, the defense counsel had fewer prior cases in 87 cases (59%). The defense counsel had more prior cases in 56 (38%), and the remaining cases were tied.
Cases by Year and Counsel Records
The data holds these 157 cases from January 2023 to September 2026. There were 63 in 2023, 50 in 2024, 30 in 2025, and 14 in 2026. The 2026 count is a partial year.
Army counsel names are nearly complete from 2021, and this page starts two years later so most lawyers have earlier cases in the data. Names written several ways are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, so they are not included.
Covered Offense Rules and Record Limits
Article 120 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.
Both rules depend on the offense date, and the records give only trial dates. Trials from 2024 on therefore mix old-rule and new-rule cases. The records also do not show the evidence, the plea terms, or conduct handled outside a court-martial.
For what the offense covers and how it is defended, see Article 120 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2026 that charged Article 120 and had a not-guilty or mixed plea (157 cases). Counsel of record are as listed in the public records.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Counsel Experience (hub)
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (hub)
- Army Trial Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026
- Article 120 explained on the law firm's website
- Search every case in Military Trial Results (members)
Compare: federal court. Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.